Nieratko et al v. Ford Motor Company et al
Plaintiff: Windy Renee Nieratko and Chad Egan Nieratko
Defendant: Ford Motor Company and Does 1 to 10
Case Number: 3:2021cv01112
Filed: June 14, 2021
Court: US District Court for the Southern District of California
Presiding Judge: Cynthia Bashant
Referring Judge: Linda Lopez
2 Judge: Bernard G Skomal
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity Action
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 1, 2022 Opinion or Order Filing 37 ORDER Granting Joint Motion For Dismissal With Prejudice [ECF No. #35 ]. Signed by Judge Linda Lopez on 12/1/2022. (ddf)
November 30, 2022 Opinion or Order Filing 36 Minute Entry for proceedings held with chambers of Magistrate Judge Bernard G. Skomal: Settlement Disposition Conference held on 11/30/2022. (Plaintiff Attorney Jeffrey Moses). (Defendant Attorney James Leonard). (no document attached) (rxa)
November 30, 2022 Opinion or Order Filing 35 Joint MOTION to Dismiss by Chad Egan Nieratko, Windy Renee Nieratko. (Moses, Jeffrey) (ddf).
November 23, 2022 Opinion or Order Filing 34 ORDER Setting Further Settlement Disposition Conference. A Joint Motion to Dismiss must be electronically filed on or before November 28, 2022. If a Joint Motion to Dismiss and proposed order to dismiss are not submitted on or before November 28, 2022, then a Settlement Disposition Conference will be held on November 30, 2022, at 10:00 AM before Judge Skomal. The conference shall be telephonic, with attorneys only. Signed by Magistrate Judge Bernard G. Skomal on 11/23/2022. (fth)
November 14, 2022 Opinion or Order Filing 33 Minute Entry for proceedings held with chambers of Magistrate Judge Bernard G. Skomal: Settlement Disposition Conference held on 11/14/2022. Court to issue order.(Plaintiff Attorney Jeffrey Moses). (Defendant Attorney James Leonard). (no document attached) (rxa)
November 9, 2022 Opinion or Order Filing 32 STATUS REPORT Joint Statement by Chad Egan Nieratko, Windy Renee Nieratko. (Moses, Jeffrey) (ddf).
October 21, 2022 Opinion or Order Filing 31 Order: (1)Vacating October 24,2022 Status Conference (2) Setting Third Settlement Disposition Conference. Signed by Magistrate Judge Bernard G. Skomal on 10/21/2022.(ddf)
October 19, 2022 Opinion or Order Filing 30 STATUS REPORT (Joint) by Chad Egan Nieratko, Windy Renee Nieratko. (Moses, Jeffrey) (ddf).
October 19, 2022 Opinion or Order Filing 29 NOTICE of Appearance by Jeffrey Orville Moses on behalf of Chad Egan Nieratko, Windy Renee Nieratko (Moses, Jeffrey)Attorney Jeffrey Orville Moses added to party Chad Egan Nieratko(pty:pla), Attorney Jeffrey Orville Moses added to party Windy Renee Nieratko(pty:pla) (ddf).
October 14, 2022 Opinion or Order Filing 28 NOTICE of Withdrawal of Counsel (Jason M. Avelar) by Ford Motor Company (Leonard, James) (ddf).
October 14, 2022 Opinion or Order Filing 27 NOTICE of Appearance by James P. Leonard, II on behalf of Ford Motor Company (Leonard, James)Attorney James P. Leonard, II added to party Ford Motor Company(pty:dft) (ddf).
October 14, 2022 Opinion or Order Filing 26 ORDER Setting Status Conference [ECF 25 ]. Signed by Magistrate Judge Bernard G. Skomal on 10/14/2022.(ddf)
September 7, 2022 Opinion or Order Filing 25 Minute Entry for proceedings held with chambers of Magistrate Judge Bernard G. Skomal: Second Settlement Disposition Conference held on 9/7/2022. Joint Motion to Dismiss shall be filed by 9/26/2022. Further telephonic Settlement Disposition Conference set for 10/5/2022 10:15 AM before Magistrate Judge Bernard G. Skomal.)(Plaintiff Attorney Jeffrey Moses). (Defendant Attorney Jason Michael Avelar). (no document attached) (rxa)
August 5, 2022 Opinion or Order Filing 24 MINUTE ORDER: The Final Pretrial Conference scheduled for 09/23/22 at 11:00 AM and dates per the Scheduling Order (ECF No. 15) are hereby vacated. The further telephonic Settlement Disposition Conference set for 09/07/22 at 10:00 AM remains, and the parties' joint motion for dismissal remains due for filing on or before 09/05/22. ECF No. 23.(All non-registered users served via U.S. Mail Service)(no document attached) (smy1)
July 18, 2022 Opinion or Order Filing 23 Minute Entry for proceedings held with chambers of Magistrate Judge Bernard G. Skomal: Settlement Disposition Conference held on 7/18/2022. Joint Motion to Dismiss shall be filed by 9/5/2022. Further telephonic Settlement Disposition Conference set for 9/7/2022 10:00 AM before Magistrate Judge Bernard G. Skomal.(Plaintiff Attorney Jeffrey Moses). (Defendant Attorney Jason Michael Avelar). (no document attached) (rxa)
May 3, 2022 Opinion or Order Filing 22 Order: (1) Scheduling Settlement Disposition Conference (2) Vacating Mandatory Settlement Conference [ECF #21 ]. Signed by Magistrate Judge Bernard G. Skomal on 5/3/2022.(All non-registered users served via U.S. Mail Service)(ddf)
May 3, 2022 Opinion or Order Filing 21 NOTICE of Settlement Joint by Chad Egan Nieratko, Windy Renee Nieratko (Cline, Brian) (ddf).
January 26, 2022 Opinion or Order Filing 20 ORDER Granting Joint Motion To Modify The Scheduling Order [ECF #18 ]. Signed by Magistrate Judge Bernard G. Skomal on 1/26/2022. (ddf)
January 24, 2022 Opinion or Order Filing 19 Minute Entry for proceedings held with chambers of Magistrate Judge Bernard G. Skomal: Counsel for the parties jointly contacted Judge Skomal's chambers on 1/24/2022 to indicate the parties would be filing a joint motion to amend the Scheduling Order.(Plaintiff Attorney Julian Daniel Lopez). (Defendant Attorney Jason Michael Avelar). (no document attached) (rxa)
January 24, 2022 Opinion or Order Filing 18 Joint MOTION to Continue Fact Discovery Deadline by Ford Motor Company. (Attachments: #1 Declaration Jason Avelar, #2 Declaration Julian Lopez)(Avelar, Jason) (ddf).
January 5, 2022 Opinion or Order Filing 17 ORDER OF TRANSFER: This case is transferred from the calendar of the Honorable Cynthia Bashant to the calendar of the Honorable Linda Lopez. All dates currently set before Judge Bashant remain as scheduled before Judge Lopez. Dates before the Magistrate Judge are unaffected by this Order. The new case number is 21cv1112 LL (BGS). Signed by Judge Cynthia Bashant on 01/04/2022.(jcj)
September 28, 2021 Opinion or Order Filing 16 Order Denying Motion to Remand (ECF No. #9 ). Signed by Judge Cynthia Bashant on 9/28/21. (jmo)
September 23, 2021 Opinion or Order Filing 15 Scheduling Order Regulating Discovery and Other Pre-trial Proceedings. Mandatory Settlement Conference set for 5/4/2022 at 02:00 PM before Magistrate Judge Bernard G. Skomal. All motions in limine are due no later than 10/7/22. Responses to motions in limine due by 10/21/2022. Motion In Limine Hearing set for 11/28/2022 at 10:30 AM before Judge Cynthia Bashant. Proposed Pretrial Order due by 9/9/2022. Final Pretrial Conference set for 9/23/2022 at 11:00 AM before Judge Cynthia Bashant. Jury Trial set for 12/6/2022 at 09:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Bernard G. Skomal on 9/23/21.(jmo)
September 17, 2021 Opinion or Order Filing 14 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Early Neutral Evaluation and Case Management Conference held on 9/17/2021. Case did not settle. Court to issue Scheduling Order.(Plaintiff Attorney Julian Daniel Lopez). (Defendant Attorney Jason Michael Avelar). (Chad Egan Niertko, Wendy Nieratko, Kurt Kindler).(no document attached) (rxa)
August 30, 2021 Opinion or Order Filing 13 JOINT DISCOVERY PLAN by Ford Motor Company (Avelar, Jason) (jmo).
August 16, 2021 Opinion or Order Filing 12 REPLY to Response to Motion re #9 MOTION to Remand filed by Chad Egan Nieratko, Windy Renee Nieratko. (Lopez, Julian) (jmo).
August 9, 2021 Opinion or Order Filing 11 RESPONSE in Opposition re #9 MOTION to Remand filed by Ford Motor Company. (Attachments: #1 Declaration)(Avelar, Jason) (jmo).
July 30, 2021 Opinion or Order Filing 10 MINUTE ORDER: Due to a conflict in the Court's calendar, the Early Neutral Evaluation and Case Management Conference set for 8/20/2021 is CONTINUED to 9/17/2021 at 02:00 PM before Magistrate Judge Bernard G. Skomal. ENE Statements and Joint Discovery Plan due 8/30/2021. Counsel should receive videoconference information by 9/15/2021. No other requirements or deadlines set in the Court's Order setting the ENE/CMC are modified. (no document attached) (rxa)
July 14, 2021 Opinion or Order Filing 9 MOTION to Remand by Chad Egan Nieratko, Windy Renee Nieratko. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(Lopez, Julian) (jmo).
June 18, 2021 Opinion or Order Filing 8 NOTICE of Appearance by Brian Kelly Cline on behalf of Chad Egan Nieratko, Windy Renee Nieratko (Cline, Brian)Attorney Brian Kelly Cline added to party Chad Egan Nieratko(pty:pla), Attorney Brian Kelly Cline added to party Windy Renee Nieratko(pty:pla) (jmo).
June 18, 2021 Opinion or Order Filing 7 NOTICE of Appearance by Mark Anthony Johnson on behalf of Chad Egan Nieratko, Windy Renee Nieratko (Johnson, Mark)Attorney Mark Anthony Johnson added to party Chad Egan Nieratko(pty:pla), Attorney Mark Anthony Johnson added to party Windy Renee Nieratko(pty:pla) (jmo).
June 18, 2021 Opinion or Order Filing 6 NOTICE AND ORDER for Early Neutral Evaluation and Case Management Conference. Early Neutral Evaluation set for 8/20/2021 02:00 PM before Magistrate Judge Bernard G. Skomal. Case Management Conference set for 8/20/2021 02:00 PM before Magistrate Judge Bernard G. Skomal. Joint Discovery Plan due 8/4/2021. Signed by Magistrate Judge Bernard G. Skomal on 6/17/21.(dlg)
June 17, 2021 Opinion or Order Filing 5 DEMAND for Trial by Jury by Chad Egan Nieratko, Windy Renee Nieratko. (Lopez, Julian) (jmo).
June 14, 2021 Opinion or Order Filing 4 NOTICE of Party With Financial Interest by Ford Motor Company. Identifying Other Affiliate State Street Corporation, Other Affiliate Black Rock, Inc., and certain affiliates, Other Affiliate The Vanguard Group, and certain affiliates for Ford Motor Company. (smd) (sjt).
June 14, 2021 Opinion or Order Filing 3 ANSWER to Complaint (Notice of Removal) by Ford Motor Company. (smd) (sjt).
June 14, 2021 Opinion or Order Filing 2 DEMAND for Trial by Jury by Ford Motor Company. (smd) (sjt).
June 14, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL with Jury Demand ( Filing fee $ 402 receipt number ACASDC-15828012.), filed by Ford Motor Company. (Attachments: #1 Civil Cover Sheet, #2 Declaration, #3 Exhibit A - State Court Complaint, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Proof of Service)The new case number is 3:21-cv-1112-BAS-BGS. Judge Cynthia Bashant and Magistrate Judge Bernard G. Skomal are assigned to the case.(smd) (sjt).

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Defendant: Ford Motor Company
Represented By: Jason Michael Avelar
Represented By: James P. Leonard, II
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Defendant: Does 1 to 10
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Plaintiff: Windy Renee Nieratko
Represented By: Julian Daniel Lopez
Represented By: Brian Kelly Cline
Represented By: Mark Anthony Johnson
Represented By: Jeffrey Orville Moses
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Plaintiff: Chad Egan Nieratko
Represented By: Julian Daniel Lopez
Represented By: Brian Kelly Cline
Represented By: Mark Anthony Johnson
Represented By: Jeffrey Orville Moses
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